Maryland Injury Lawyer Services
This article explains what your Maryland injury lawyer should do for you. This is a list of the Maryland injury lawyer services you can expect.
I have prepared the list in the context of a car accident claim. However, the same Maryland injury lawyer services would apply to a case involving a motorcycle accident or a truck accident.
And, with adjustments, this list of Maryland injury lawyer services would also apply to malpractice cases, slip and fall cases, dog or other animal bite cases and death claim cases.
To make the list easier to follow, I have divided the Maryland injury lawyer services into the following categories which are, essentially, in chronological order.
❏ Initial Services
❏ Investigation And Evidence Gathering
❏ Dealing With Your Insurance Company
❏ Dealing With The Opposing Insurance Company
❏ Meeting Deadlines
❏ Filing A Law Suit In Court
❏ Alternative Dispute Resolution
❏ Trial
❏ After Trial
❏ After Your Case Is Resolved
❏ Overall
Initial Maryland Injury Lawyer Services
❏ Discuss the facts of your case with you and evaluate the strengths and weaknesses of your case. The is usually done in person, however I am finding that, more and more, I am having this initial conversation on the telephone. I think that many clients prefer this because of the convenience.
❏ Answer all of your questions and educate you about the car accident claims process.
❏ Fully explain the
written agreement for services
before you sign it. You will be given a copy of the signed agreement for your records.
Investigation and Evidence Gathering
In the initial stages of your case, these are the Maryland injury lawyer services your lawyer will perform.
❏ Gather documentary evidence of how your accident happened, such as the police report if one was prepared.
❏ Interview witnesses if necessary. If appropriate, get written or recorded statements from the witnesses.
❏ Develop other evidence, such as photographs of the accident scene, your vehicle and your injuries.
❏ Engage an accident reconstruction expert if necessary.
❏ Engage any other experts necessary to prove the cause of your accident.
❏ Prepare legal authorizations for your signature so that copies of your medical and employment records can be obtained. These must be prepared in a specific way that is established by federal law.
❏ Obtain copies of your medical records to understand your condition, the treatment you received and all other aspects of your medical situation.
❏ Get copies of your medical bills. This can be more tricky than you would think. For example, a simple visit to a hospital emergency room can result in 3 or more separate bills.
❏ Obtain documentation of your lost income. Here, also, there are specific things that must be included in this documentation.
❏ Review your health insurance coverage, if you have any. Determine whether your health insurance company, or welfare benefit plan, is entitled to be repaid for any medical bills it pays.
❏ Analyze your car insurance policy to determine whether you have coverages that will pay any of your medical bills (or lost income) while your claim against the other driver is pending.
❏ Make suggestions for any car insurance coverages that you should purchase for future protection. Although you hope there will not be a "next time," this is a good opportunity to work with an expert to prepare for the future "just in case."
Dealing with Your Insurance Company
Your lawyer's Maryland injury lawyer services include dealing with your insurance company in these ways.
❏ Assist you in arranging to have your car repaired and in getting a rental car while your car is unavailable. You may have a choice of having your car repaired by your insurance company (under your collision insurance coverage) or by the other driver's insurance company (under her liability insurance coverage).
❏ Assist you in submitting claims to your insurance company, such as PIP claims. In Maryland, your PIP insurance pays your initial medical bills and loss of income, up to your policy limit (which is probably $2,500, but could be as much as $10,000). NOTE that if you recover from the at-fault driver, you do NOT have to repay your insurance company for PIP payments it has made.
Dealing with the Opposing Insurance Company
In addition to Maryland injury lawyer services performed with your insurance company, your laywer will also deal with the opposing insurance company.
❏ Contact the insurance company for the at-fault driver and put it on notice of your claim.
❏ Assist you in arranging to have your car repaired and in getting a rental car while your car is unavailable. You may have a choice of having your car repaired by your insurance company or by the other driver's insurance company.
❏ Decide, with you, whether to try to negotiate a settlement of your injury claim or file suit in court without attempting settlement negotiations. Normally, it is in your best interests to try to settle your claim before filing a case in court.
❏ If an attempt will be made to settle out-of-court . . .
❏ Prepare a thorough "Settlement Letter" or "Demand Letter" that describes and documents the cause of your accident and all of your resulting injuries, losses and damages.
❏ Review the Settlement Letter with you before it is sent to make sure that it is factually correct and that you approve the positions taken on your behalf.
❏ Negotiatewith the insurance adjuster to obtain the best possible settlement offer.
❏ Analyze settlement offers that are made and advise you. Only you, however, can agree to accept a settlement offer.
Meeting Deadlines
Maryland injury lawyer services include meeting critical deadlines.
❏ If required by law, give appropriate notices of your claim to potential defendants. A common example of this is suits against governments. Notice of claims against local governments and the state government must be given early. Failure to give the required notice jeopardizes your claim.
❏ Make sure that the case is settled or filed in court within the Statute of Limitations. The Statute of Limitations in Maryland that applies to most injury claims is 3 years from the date of your accident. However, there are exceptions, such as in medical malpractice cases.
Filing A Lawsuit In Court
If your case cannot be settled without it, your Maryland injury lawyer's services include filing your case in court.
❏ Prepare and file the Complaint that initiates your case.
❏ Arrange to have the suit papers "served" on the defendant(s).
❏ Prepare and send written
Interrogatories
(questions) to those you have sued.
❏ Prepare and send a request that those you have sued produce relevant documents.
❏ Take a
deposition
of those you have sued, if appropriate.
❏ Take
depositions
of witnesses, if appropriate.
❏ Assist you in answering
Interrogatories
that will be sent by the defense lawyer.
❏ Prepare a response to the defendant's request that you produce relevant documents, such as copies of your medical records and bills and, if you claim a loss of income, your tax records.
❏ Prepare you in advance for your
deposition
that will be scheduled by the defense lawyer.
❏ At your
deposition , make sure that all rules are followed and that you are treated fairly by defense counsel.
❏ Prepare you for a
defense medical exam
(DME), if one is scheduled. In some cases, your lawyer will accompany you to the defense medical exam, although your lawyer can only observe.
❏ File any necessary pre-trial motions.
❏ Defend against any motions filed by the defense.
❏ Do necessary legal research.
❏ Comply with all court rules and deadlines for conducting pre-trial procedures.
Alternative Dispute Resolution (ADR)
Maryland injury lawyer services often include participating in alternative dispute resolution such as mediation and arbitration.
❏ If the case is referred to mediation, prepare for the mediation.
❏ Represent you at the mediation.
❏ If arbitration is agreed upon, prepare for the arbitration.
❏ Prepare and present your case to the arbitrator.
Trial
Of course, Maryland injury law services include preparing for and conducting the trial of your case.
If you case does not settle and is going to trial, you lawyer will do these things . . .
❏ Prepare your testimony. Your lawyer will go over your testimony with you, probably several times.
❏ Prepare the testimony of all of your witnesses.
❏ Organize and prepare exhibits that will be introduced at trial.
❏ Prepare to cross-examine the witnesses that the defendant will call.
❏ Prepare for the jury selection process.
❏ Prepare jury instructions to request that the judge give to the jury at the end of trial, so that the jury will know the law that supports your claim.
❏ Prepare an Opening Statement.
❏ Prepare for any anticipated legal issues that will come up during the trial.
❏ Research any evidentiary issues that are expected to come up at trial.
❏ Prepare a Closing Argument.
❏ Conduct the trial.
After Trial
After the trial is completed, the Maryland injury lawyer services you can expect include these . . .
❏ Analyze the jury's (or court's) verdict to determine if either side has legal grounds to appeal the case.
❏ Make recommendations to you for whether to appeal the case.
After Your Case Is Resolved
When the case is resolved, the Maryland injury lawyer services do not end. These are the additional services you can expect.
❏ Determine the validity of any liens or claims on your recovery. Doctors, hospitals, health insurance companies, disability insurance companies, workers compensation insurance companies, welfare benefit plans, government programs such as Medicare and Medicaid and employers may claim that they are entitled to part of your recovery.
❏ If appropriate, negotiate with those making claims against your recovery to determine whether they will reduce their claims. (If your claim is settled, these negotiations will usually occur before the settlement is finalized.)
❏ On your behalf, and with your permission, send checks from your settlement funds to those who have a valid claim against your recovery.
Overall
Overall, Maryland injury lawyer services include these things . . .
❏ Report to you regularly to keep you informed of the status of your claim/case.
❏ Give you copies of all important documents sent or received in your case.
❏ Answer your questions.
❏ Respond promptly to your calls, letters and emails.
❏ Constantly evaluate and re-evaluate your claim as it develops and advise you accordingly.
Your lawyer will not have to perform all of these services in every case. Which services are required in your case will depend on the facts of your case and on how it is resolved.
While it does not include absolutely everything that your lawyer may have to do while representing you, this is a fairly complete list.
If you have us represent you in making a Maryland injury claim, we promise to do all of the services that are necessary or helpful, to do everything that is ethical and lawful, to make your case successful.
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